The writer retired as a justice of the Supreme Court of India in December 2018.
Madan B Lokur writes: It is time for the establishment to realise that the people of this country mean well, and in any democracy, there are bound to be different points of view.
Post lockdown, justice delivery will certainly undergo a transformation and judges, lawyers and litigants will need to adapt to the new normal.
We need to develop an accountability jurisprudence. The establishment must be as (if not more) accountable as protestors who destroy public property.
What do encounters achieve other than the death of fellow humans masquerading as instant justice? The trigger-happy personnel of the security forces may be prosecuted but will they ever be punished? It’s unlikely because of the time lag.
It seems to me that the unconstitutional NJAC is rearing its head and is now Frankenstein’s monster. The advice of the two eminent persons postulated by the NJAC is no longer required.
Case and court management are the most important areas which, unfortunately, have not been adverted to in the Economic Surveys. The Ease of Doing Business Report of the World Bank for 2018 and 2019 shows that the time taken to decide a case has remained static at 1,445 days. Why is that?
The complainant in the sexual harassment case against the Chief Justice has not been fairly treated. Institutional bias is visible in the inquiry, which leaves complaints about victimisation unaddressed.